Terms of use

Terms of use

Welcome to our website, www.myclientshare.com.  If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Notice, govern Clientshare’s relationship with you in relation to this website. Please do not continue to use our website if you disagree with any part of these Terms of Use.

The term ‘Clientshare’ or ‘us’ or ‘we’ refers to the owner of the website, Client Share Ltd, a limited company registered in England under company number 08681337.  Our registered address is 86-90 Paul Street, London, England, EC2A 4NE.  The term ‘you’ or ‘your’ refers to the user or viewer of the website.

Use of this website is subject to the following terms and conditions of use:

• The content of the pages on this website is for your general information and use only.  It is subject to change without notice.
• This website uses cookies to monitor browsing preferences.  Please see our Privacy Notice for details of how we use cookies and the type of information that may be stored if you do allow cookies to be used.
• Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in this website.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.  It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licenced to us.  This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
• All trademarks reproduced in this website which are not the property of Clientshare, or licenced to us, are acknowledged on the website.
• Unauthorised use of this website is prohibited and may give rise to a claim for damages and may be a criminal offense.
• From time to time this website may include links to third-party websites.  These links are provided for your convenience and their inclusion does not signify that we endorse these third-party websites.  We have no responsibility for the content of these third-party websites.
• Your use of this website and any dispute arising out of such use is subject to the laws of England and Wales.

Last reviewed and updated: 10th June 2024

Terms of use

These terms of use together with any documents referred to within (‘Terms’ or ‘Agreement’), sets out your legal rights and obligations when you use the Clientshare Pulse software services (‘Services’) operated by Client Share Ltd (‘Clientshare’). Clientshare is a limited company registered in England under company number 08681337, with registered office address at 86-90 Paul Street, London, England, EC2A 4NE.

References to you, your or customer, mean both you and any entity or company you’re authorised to represent. References to we, our or us, mean Clientshare.

Please read these terms carefully. If you can’t agree to these terms, you must not use our Services.

Joining and using Clientshare Pulse

When you create a subscription, or access a free trial, and accept these Terms you confirm that you are duly authorised on behalf of the company or organisation (‘Client’) you represent to accept the Services subject to these Terms.

As a subscriber, you may invite additional users (‘Invited Users’) to use our Services. Invited Users must be employees, representatives, consultants, contractors or agents of the Client and must also accept these Terms to use our Services.

When inviting additional users, it is important to understand the permissions you are granting them. There are three different user roles, each with a different level of access:

• Account Manager: Account Managers can create and send business reviews and can access dashboards, content and feedback pertaining to the accounts they have been assigned.
• Senior Manager: Senior Managers can create and send business reviews and can access dashboards, content and feedback for all accounts assigned to all Account Managers.
• Admin: Admins have the same access as Senior Managers but can also access additional functionality through the administration settings which allows them to invite users, change the user role of existing users, assign account licences to Account Managers, enter or update billing information, and change or cancel the subscription.

The initial subscriber will be assigned as an Admin user but it is possible to assign multiple Admin users and the user role of the initial subscriber can be changed to either Senior Manager or Account Manager provided there is at least one other Admin user.

Intellectual property

We are the owner or licensee of all intellectual property rights included in the Services, unless otherwise stated and excluding content owned by the Client. This includes rights in the design, compilation, and look and feel of our Services. It also includes rights in all copyrighted works, trademarks, designs and inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

The Client and/or users, as applicable, shall retain title to all content and data entered into the Services, together with any intellectual property rights therein.

Subscription

Your use of our Services generally requires you to pay a regular subscription fee which is based on your subscription plan. The subscription plan forms part of these Terms and includes the subscription fee, billing frequency, number of licences, payment terms, and cancellation terms. We reserve the right to make changes to the subscription plan, but these changes will not apply retrospectively, and we will provide notice of any changes that affect your plan before they take effect.

When you first sign up you may be offered a free trial, during which time you will not be charged for the Services. At any time during or after the trial you can choose to upgrade to a paid subscription plan. You will not be charged if you choose not to upgrade to a paid plan at the end of the free trial, but all users will cease to have access to the Services.

Changes to your subscription plan, such as increasing or reducing the number of licences, may be made at any time by any Admin user through the administration settings.

Depending on the region in which the Client is based, subscription fees may be inclusive or exclusive of transaction taxes, such as VAT or GST. This will be reflected in your subscription plan. You are responsible for paying all other fees and taxes associated with your use of our Services, wheresoever and howsoever levied.

Billing information should be kept up to date to avoid delayed or missed payments. If we don’t receive timely payments, we may suspend your access to our Services until payment is received.

Your access to our Services will continue for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically renew for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with your pricing plan. The subscription may be cancelled at any time by an Admin user, in which case the date of termination will be the last day of the current billing period and all users’ access to our Services will expire on that date.

Your subscription and access may be terminated by us if we withdraw our services. Where we do this we will refund, on a pro-rated basis, any fees that have been pre-paid for the affected service. We may also terminate your subscription and/or access immediately, and without refund, if you materially breach any of these terms, fail to pay subscription fees when due, or you or your company become insolvent, your company goes into liquidation or has a received or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

Once a subscription is terminated by you or us, it is archived and the data and content submitted or created is no longer available to you. We retain it for a period of time consistent with our data retention policy, after which time it will be deleted.

Privacy and data processing

When you enter or upload data or content to our Services, including personal data about yourself and others, you grant us a licence to use, copy, transmit, store, analyse, and back up that data and content. Our Privacy Notice provides further information on how we process and protect your personal information and forms an important part of these Terms.

The parties acknowledge and agree that for the purposes of the Data Protection Act 2018 and all applicable data protection legislation in force from time to time in the UK (‘Data Protection Legislation’), Clientshare is the Data Processor and the Client is the Data Controller for all personal data entered or uploaded to our Services. We shall only process personal data on the written instructions of the Client unless we are required to do otherwise by applicable law. For the avoidance of doubt, agreement to these Terms constitutes written instructions to us to process personal data in order to operate and provide the Services.

The parties shall comply with all applicable requirements of the Data Protection Legislation.

We may create anonymised statistical data from your data and usage of our Services. Once anonymised, we may use and retain it for our own purposes, including to improve our Services, develop new products and services, and analyse business trends. For the avoidance of doubt, following such anonymisation, the derivative data shall not be considered personal information.

We will inform you without undue delay if we become aware that your account has been subject to a personal data breach.

Confidential information

The parties agree to take reasonable steps to protect the other party’s confidential information. If required, confidential information may be shared with legal or regulatory authorities.

This clause shall survive termination of this agreement, however arising.

Security

We have implemented industry-standard physical and technical security to help keep your data safe and secure. You should satisfy yourself of the measures we have taken to protect against unauthorised or unlawful processing, accidental loss, destruction or damage to personal data. Please contact us as support@myclientshare.com if you would like more information about these measures. While we have taken steps to protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We may notify you if we believe there has been unauthorised access of your account and may restrict your access until you verify that access was by an authorised user.

We may introduce account security features, such as multi-factor authentication, to help keep your account more secure. Some of these security features may be compulsory, while others may be optional. We strongly encourage you to use all optional security features and remind you that you are responsible for all consequences of not using those features.

It is important that you keep your login credentials safe and do not disclose then to any other person. If you suspect that anyone knows your login credentials you must change them immediately and if you believe there may have been unauthorised access to your account you must also notify us immediately as support@myclientshare.com.

Availability and maintenance

We strive to maintain the availability of our Services and provide support during business hours. However, the Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. From time to time, we may need to carry out planned maintenance that requires a period of downtime. Where we do this, we will try to keep downtime to a minimum and will notify you in advance if possible.

Although we backup data at regular intervals, you are responsible for keeping copies of the data you enter into our Services.

We frequently release new updates, modifications and enhancements to our Services. Where practicable, we will notify you of such changes, either by email or by posting a visible notice through our Services.

Your responsibilities

You agree to carry out all your responsibilities set out in these Terms in a timely manner.

You are responsible for all activity occurring under your account and you agree to abide by all applicable laws and regulations in connection with your use of the Services. You must not undermine the security or integrity of our computer systems or networks, use our Services in any way that might impair functionality or interfere with other users’ use, or modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our Services.

You must not input data or content that may be offensive, violates any law, or infringes on the rights of others. You must not introduce anything to our Services that includes viruses or other malicious code.

You must not resell, repackage, lease, or sublicence any data, content, or services accessed through our Services.

You must not be abusive or disrespectful to other users or to employees of Clientshare, including our support teams.

You agree that you will keep your information (including name, work email and phone number) up to date and that you will protect your login details from being stolen or misused.

You may not use our Services if you are legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access the Services.

Liability and indemnity

You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our Services or any third-party product (except to the extent that we are at fault).

Our Services and any third-party products are made available to you on an “as is” basis and we disclaim all warranties, express or implied.

Our liability to you in connection with our Services or these Terms is limited as follows:

• We have no liability arising from your use of our Services for any loss of revenue, profit of other economic advantage, loss of goodwill, loss of anticipated savings, damage to reputation, loss of administration costs or management time, damages or losses as a result of a force majeure event, or indirect, consequential, incidental, punitive, exemplary or special loss.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try to recover that data from our available backups.
• Our total aggregate liability to you is limited to the total amount you paid for your subscription in the 12 months immediately preceding the date in which the claim giving rise to the liability arose.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our own negligence, or our fraud or fraudulent misrepresentation.

The parties acknowledge and agree that, considering the nature of the Services, this clause (‘Liability and indemnity’) reflects a fair allocation of risk between the parties and therefore the exclusions and limitations in this clause are fair and reasonable.

Other terms

We shall not be liable to you for any failure or delay in the performance of any of our obligations under these Terms arising out of any event of circumstances beyond our reasonable control.

We reserve the right to modify these Terms at any time. Such changes will not apply retrospectively and where possible we will notify you of material changes in advance either by email or by posting a visible notice through our Services. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons outside of our control. You can keep track of changes to our Terms by referring to the date of last update at the bottom of the Terms. If you find a modified term unacceptable, you may cancel your subscription in accordance with the standard terms set out in the Subscription clause.

Nothing in these Terms is to be construed as constituting a joint venture, partnership, employment or agency relationship between you and us, or between you and any other user.

Neither party may assign this Agreement, nor any of the rights, interests or obligations hereunder, without the prior written consent of the other party provided, however, that a party may assign this Agreement to a parent or subsidiary, or to any entity that acquires substantially all of such party’s assets or its business that is the subject hereof.

Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.

The words “including”, “include”, “for example”, “in particular” and words of similar effect shall not limit the general effect of the words which precede them.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions(s), with all other provisions remaining in full force and effect.

Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by a director of Clientshare.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that any dispute relating to its terms or subject matter shall be subject to the exclusive jurisdiction of the English courts.

Nothing in this Agreement, express or implied, is intended to confer on any person who is not a party to it any right to enforce any of its provisions.

Last updated: 10^th June 2024

Terms of use

These terms of use (together with the documents referred to in it) (Terms) tells you the terms of use on which you may make use of the internet sharing platform operated by Client Share Ltd (Platform). Use of the Platform includes accessing, browsing, or registering to use the Platform.

Please read these Terms carefully before you start to use the Platform. By using the Platform, you confirm that you accept these Terms of use and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Platform.

Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of the Platform:

• Master Services Agreement, if you purchase services from us, the relevant master service agreement and any SLAs will also apply to you (MSA). In the event of any conflict between the MSA and these Terms, the MSA will apply.

• Our Privacy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and which sets out information about the cookies on the Platform. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.

Information About Us

www.myclientshare.com is a web-based platform operated by Client Share Ltd, a limited company registered in England and Wales under company number 08681337 and have its registered office and main trading address at 86-90 Paul Street, London, England, EC2A 4NE. In these Terms references to we and our mean Client Share Ltd and references to you, your, user and customer mean the user of the Platform.

Changes To These Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes To The Platform

We may update the Platform from time to time, and may change the content at any time. However, please note that any of the content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.

Accessing The Platform

The platform is made available on an “as is” basis. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period. The above exclusions are subject always to the MSA.

You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account And Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@myclientshare.com.

Intellectual Property Rights

Intellectual Property means all intellectual property and associated intellectual property rights including patent, trade mark, service mark, copyright, trade dress, logo and trade secrets and other rights in Confidential Information.

Confidential Information means all information, however conveyed or presented, that relates to the business, affairs, operations, customers, processes, budgets, pricing policies, products or services, strategies, developments, trade secrets, know-how, personnel and suppliers of the disclosing party and any other information that is clearly identified as confidential by a party as being confidential to it (whether or not marked as “confidential”) or which reasonably ought to be considered as confidential. Customer Confidential Information means Confidential Information belonging to the Customer and includes Customer Content. Client Share Confidential Information is Confidential Information belonging to Client Share and includes Client Share Intellectual Property (for example, these Terms, Statements of Work, Client Share Tools, Client Share Customer Tools, Client Share Software).

We are the owner or the licensee of all Intellectual Property rights whatsoever in the Platform, and in the material published on it, save to the extent such material is published by other customers. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Your use of the Platform does not grant or imply grant of any right title or interest to such Intellectual Property, except that you have a limited license to use the Platform on and subject to these Terms and the MSA.

To the extent that the Platform may incorporate Client Share’s intellectual property, Client Share grants to the Customer a non-exclusive, perpetual (subject to revocation for default under this Agreement or the respective Statement of Work), fully-paid up right to use, display and reproduce such Client Share Intellectual Property only to the extent necessary for use of the Platform by the customer according to these Terms and for the Customer’s customary business purposes and for the purpose set out in the respective Statement of Work, and not of re-sale, licence or distribution outside the Customer’s organisation.

The Customer will defend, indemnify and hold Client Share harmless, at the Customer’s expense, and will pay all reasonable costs, damages and legal fees awarded against Client Share in the event of any claim made or loss suffered in respect of the actual or alleged infringement of Intellectual Property relating to Client Share’s use of customer content.

All Intellectual Property in the design, creation, administration and any associate computer coding of Client Share software and Client Share tools shall remain the sole property of Client Share. Client Share software and Client Share tools cannot be recreated or copied in any form by the Customer.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others within your organisation to content posted on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

You must not sub-license any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

No Reliance On Information

The content on the Platform is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to-date.

Limitation Of Our Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

The Platform is provided on an “as is” basis and your sole remedy for any losses or dispute shall be to cease using the Platform. Without prejudice to the preceding sentence, our total liability to you shall be limited to the amount we have received from you for using the Platform.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Platform; or use of or reliance on any content displayed on the Platform.

We will not be liable for: loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

The platform is for business customers only.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any web platform linked to it.

We assume no responsibility for the content of web platforms linked on the Platform. Such links should not be interpreted as endorsement by us of those linked web platforms. We will not be liable for any loss or damage that may arise from your use of them.

Uploading Content To The Platform

Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, you must comply with content standards (as we reasonably determine) together with any other applicable terms and conditions, including without limitation the MSA. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to the public area of the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Platform.

We have the right to remove any content you make on the Platform if, in our opinion, your post does not comply with content standards (as we reasonably determine).

The views expressed by other users on the Platform do not represent our views or values.

Rights You Licence

When you upload or post content to the Platform, you grant the following licenses:

To the extent that you share your confidential information and/or Intellectual Property on the Platform you grant the following licenses:

Client Share shall have a perpetual non-exclusive fully-paid up right to use such data to the extent necessary for Client Share to view Platform usage information and/or use such data to maintain and enhance the Platform services (including user personal information).

Other users of the Platform shall have a perpetual non-exclusive fully paid up right to use such data obtained via the Platform for its own business purposes, on and subject to any contractual obligations between you and the other user.

For the avoidance of doubt, Client Share shall not have any right to access or use your data (other than statistical usage data) unless expressly invited by you to access such data and then such data will always be treated in accordance with Client Share’s privacy policy.

Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology systems in order to access the Platform. You should use your own virus protection software. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

You will not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the Platform or Client Share Intellectual Property.

Linking To The Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Platform in any web-platform that is not owned by you. We reserve the right to withdraw linking permission without notice.
The web platform in which you are linking must comply in all respects with the content standards (as we reasonably determine).

If you wish to make any use of content on the Platform other than that set out above, please contact us.

Third Party Links And Resources In The Platform

Where the Platform contains links to other platforms and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those platforms or resources and accept no liability for them.

Applicable Law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Standard Terms and Conditions of Use

When you register to use or participate on this website you are using a website created and managed by Client Share Ltd. Client Share Ltd. may collect from you the following information:

• Full name and online screen name

• Contact information including email address

Name of your company and job title

• Site activity

• Any other information you choose to send to us

Information submitted to us will be used to display your screen name, image, company and job title on the website. Neither Client Share Ltd., Client Share Ltd. Affiliates, Client Share Subcontractors nor Client Share Customers will display, sell, lease or distribute any information collected to third parties unless we have your permission or are required by law to do so.

Last updated: 10th June 2024